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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 30929
Experience:  Over 5 years in practice
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I currenly have a tentes in common agreement, on a 25/75

Customer Question

I currenly
have a tentes in common agreement, on a 25/75 basis. The aggreement it is to to expire 0n 8th Aril 2016, The person and has found some else to share the property which mean my access to property has been restricted. would it possible for me to issue a tenacy agreemtn to the 3party for a propation of rent.

David
Submitted: 3 years ago.
Category: Law
Expert:  Stuart J replied 3 years ago.

Hello, I am Law Denning and I am a practising solicitor in a High Street practice. I have been an expert on this website in UK law since 2008. During that time, as you appreciate, I have answered thousands of questions from satisfied users on a variety of subjects. Because we are all in practice with clients and court and other users, I might not always respond in minutes, particularly evenings and weekends. Please bear with me in that case

It is my pleasure to try and assist you with this today. Please bear with me
while I gather some further information from you in order for me to be able to
advise you fully.

Unless I have all the facts that I need, my answer would not be accurate.

-Could you explain your situation a little more?
Customer: replied 3 years ago.

I bought a property with my partner, in 2008, we both entred into a tenants in common agreement, which was to last for a period of 10years. the ratio was on a 25/75 basis my share being 25%.


 


In 2012, she invited a 3party to stay with him, as a reult I was no longer required to live there, and restictions were placed on my access.


do I have the right to charge the 3rd party rent. duting the remaining agreement.

Expert:  Stuart J replied 3 years ago.


Thank you. I am really
confused by 25/75 tenants in common agreement that only lasted for 10 years.
Could you please explain how this worked and the rationale behind it? I am
fully au fait tenants in common in different shares but not on a time basis.

Why is your access to the
property restricted?



Do you mean that you want to
know whether you are entitled to an occupational rent in respect of your 25%
which you are not occupying when the property is occupied by someone else?



I need the full background
both with regard to why you entered into the agreement in the form you did and
what has happened more recently. Thank you

Customer: replied 3 years ago.


yes I want to know if I can charge rent in respect of my 25%


 


the time basis of 10years was entred into as I remorgaged my own property to help purchase to property referred to. the remorgage was to last for 10years, in the investment was to some degree help to repay back the mortgage.


 


It was intended the my partner would take on board the mortgage in his own right. after 10years as he was unable to take on the mortgage in his own right. so after 10years he would have been in position to do so.

Expert:  Stuart J replied 3 years ago.

So what happened to the 75/25 after 10 years? Did it become 50-50 or what?

Was this drafted by a solicitor

Customer: replied 3 years ago.


after 10years it lapses. I have the right to sell the property should without permission. or the other party can make me a settlement. if he wish to stay in the house.


 


the agreement was drafted by a solicitor.

Expert:  Stuart J replied 3 years ago.


I'm sorry I just don't have
enough facts or background to be able to answer you.

I still don't know what
happens after 10 years. If it lapses, something must happen. It then reverts to
joint tenants you cannot sell a property (whether owned as joint tenants or
tenants in common) without the other person's consent.



I'm going to opt out for
another expert because I simply have not got a clue about the rationale behind
this.



The question is now open to
all experts.



Please don't reply or it
comes back into my inbox

Expert:  Nicola-mod replied 3 years ago.
Hello,

Apologies for any delay in response - we are having some site issues which we are trying to fix as soon as possible. Your patience is appreciated.

It seems the professional has left this conversation. This happens occasionally, and it's usually because the professional thinks that someone else might be a better match for your question.

I've been working hard to find a new professional to assist you with your question, but sometimes finding the right professional can take a little longer than expected.

I wonder whether you're OK with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Nicola
Customer: replied 3 years ago.


Hi Nicola.


 


sorry for late reply you can cancel the question.


 


regards


 


David


 


avid

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